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| LAW OFFICE OF JAMES J. HANLEY |
| NON-DISCLOSURE OF DEFERRED ADJUDICATION |
"This is the day the
Lord has made;
REJOICE, and be
glad in it"
Psalms 118:24
Lord has made;
REJOICE, and be
glad in it"
Psalms 118:24
DEFERRED ADJUDICATION - NOT WHAT YOU THOUGHT
Even if you successfully completed a deferred adjudication probation you still have a
record. Despite what you may have thought or been told by another attorney, the fact that
you were arrested, charged with a crime and were placed on probation is PUBLIC RECORD.
Maybe you found this out the hard way when you applied for a job, tried to rent an
apartment or house, were turned down for a loan, or denied admittance to college.
All is not lost! WE CAN HELP! Under certain circumstance Texas law now allows a person
who has successfully completed deferred adjudication to file a Petition for Nondisclosure
with the court that imposed the sentence.
EFFECT OF NONDISCLOSURE
The court's order will be sent to the Department of Public Safety. The Department of Public
Safety will then sends the order to all law enforcement agencies, jails or other detention
facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state
depositories of criminal records, and other officials or agencies or other entities of this state
or of any political subdivision of this state, and to all central federal depositories of criminal
records that there is reason to believe have criminal history record information that is the
subject of the order. Those entities are ORDERED not to disclose the deferred
adjudication record information to anyone other than:
• Other criminal justice agencies
• For criminal justice or regulatory licensing purposes
• An agency or entity listed in Section 411.081(i)
• The person who is the subject of the order.
INFORMATION NEEDED TO FILE
In order to prepare and file a petition, we will need the following information:
* The original court and cause number in which the deferred
adjudication was imposed.
* The date of the original plea of guilty or no contest.
* The offense for which the defendant was placed on deferred
adjudication.
* The date upon which the court dismissed the proceedings
and discharged the defendant from deferred adjudication
community supervision.
WHEN CAN PETITION BE FILED
Under Section 411.081(d), the defendant has to wait a certain period of time after the date
of discharge and dismissal before filing a petition for an order of nondisclosure. The
operative date is not the date that the defendant entered his plea: it is the date that the
deferred adjudication was concluded.
All felonies = 5 years from date of discharge and dismissal.
The following misdemeanors = 2 years from date of discharge and dismissal.
Abuse of corpse
Advertising for placement of child
Aiding suicide
Assault
Bigamy
Cruelty to animals
Deadly conduct
Destruction of flag
Discharge of firearm
Disorderly conduct
Disrupting meeting or procession
Dog fighting
False alarm or report
Harassment
Harboring runaway child
Hoax bombs
Indecent exposure
Interference with emergency telephone call
Leaving a child in a vehicle
Making a firearm accessible to a child.
Obstructing highway or other passageway
Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
Public lewdness
Riot
Silent or abusive calls to 9-1-1 service
Terroristic threat
Unlawful carrying of handgun by license holder
Unlawful carrying weapons
Unlawful possession of firearm
Unlawful restraint
Unlawful transfer of certain weapons
Violation of protective order preventing offense caused by bias or prejudice
All other misdemeanors:
May file immediately upon discharge and dismissal.
INELLIGIBLE OR DISQUALIFIED FROM NONDISCLOSURE
Under Section 411.081(e)(1)-(4), Government Code, anyone who has ever committed any
of the following offenses (including as the offense for which the defendant got deferred
adjudication) is not entitled to seek an order of nondisclosure.
Indecency with a child
Sexual assault
Aggravated sexual assault
Prohibited sexual conduct (incest)
Aggravated kidnapping
Burglary of a habitation with intent to commit any of the above offenses
Compelling prostitution
Sexual performance by a child
Possession or promotion of child pornography
Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than the
age of 17
Attempt, conspiracy, or solicitation to commit any of the above offenses
Capital murder
Murder
Injury to a child, elderly individual, or disabled individual
Abandoning or endangering a child
Violation of protective order or magistrate's order
Stalking
Any other offense involving family violence
Any defendant who, after the date of discharge and dismissal, has been convicted or
placed on deferred adjudication for any offense other than a traffic offense punishable by
fine only is disqualified and cannot seek nondisclosure. See Section 411.081(e),
Government Code.
CONTACT US if you have any questions or would like us to assist you in obtaining an order
of nondisclosure
Even if you successfully completed a deferred adjudication probation you still have a
record. Despite what you may have thought or been told by another attorney, the fact that
you were arrested, charged with a crime and were placed on probation is PUBLIC RECORD.
Maybe you found this out the hard way when you applied for a job, tried to rent an
apartment or house, were turned down for a loan, or denied admittance to college.
All is not lost! WE CAN HELP! Under certain circumstance Texas law now allows a person
who has successfully completed deferred adjudication to file a Petition for Nondisclosure
with the court that imposed the sentence.
EFFECT OF NONDISCLOSURE
The court's order will be sent to the Department of Public Safety. The Department of Public
Safety will then sends the order to all law enforcement agencies, jails or other detention
facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central state
depositories of criminal records, and other officials or agencies or other entities of this state
or of any political subdivision of this state, and to all central federal depositories of criminal
records that there is reason to believe have criminal history record information that is the
subject of the order. Those entities are ORDERED not to disclose the deferred
adjudication record information to anyone other than:
• Other criminal justice agencies
• For criminal justice or regulatory licensing purposes
• An agency or entity listed in Section 411.081(i)
• The person who is the subject of the order.
INFORMATION NEEDED TO FILE
In order to prepare and file a petition, we will need the following information:
* The original court and cause number in which the deferred
adjudication was imposed.
* The date of the original plea of guilty or no contest.
* The offense for which the defendant was placed on deferred
adjudication.
* The date upon which the court dismissed the proceedings
and discharged the defendant from deferred adjudication
community supervision.
WHEN CAN PETITION BE FILED
Under Section 411.081(d), the defendant has to wait a certain period of time after the date
of discharge and dismissal before filing a petition for an order of nondisclosure. The
operative date is not the date that the defendant entered his plea: it is the date that the
deferred adjudication was concluded.
All felonies = 5 years from date of discharge and dismissal.
The following misdemeanors = 2 years from date of discharge and dismissal.
Abuse of corpse
Advertising for placement of child
Aiding suicide
Assault
Bigamy
Cruelty to animals
Deadly conduct
Destruction of flag
Discharge of firearm
Disorderly conduct
Disrupting meeting or procession
Dog fighting
False alarm or report
Harassment
Harboring runaway child
Hoax bombs
Indecent exposure
Interference with emergency telephone call
Leaving a child in a vehicle
Making a firearm accessible to a child.
Obstructing highway or other passageway
Possession, manufacture, transport, repair or sale of switchblade knife or knuckles
Public lewdness
Riot
Silent or abusive calls to 9-1-1 service
Terroristic threat
Unlawful carrying of handgun by license holder
Unlawful carrying weapons
Unlawful possession of firearm
Unlawful restraint
Unlawful transfer of certain weapons
Violation of protective order preventing offense caused by bias or prejudice
All other misdemeanors:
May file immediately upon discharge and dismissal.
INELLIGIBLE OR DISQUALIFIED FROM NONDISCLOSURE
Under Section 411.081(e)(1)-(4), Government Code, anyone who has ever committed any
of the following offenses (including as the offense for which the defendant got deferred
adjudication) is not entitled to seek an order of nondisclosure.
Indecency with a child
Sexual assault
Aggravated sexual assault
Prohibited sexual conduct (incest)
Aggravated kidnapping
Burglary of a habitation with intent to commit any of the above offenses
Compelling prostitution
Sexual performance by a child
Possession or promotion of child pornography
Unlawful restraint, kidnapping, or aggravated kidnapping of a person younger than the
age of 17
Attempt, conspiracy, or solicitation to commit any of the above offenses
Capital murder
Murder
Injury to a child, elderly individual, or disabled individual
Abandoning or endangering a child
Violation of protective order or magistrate's order
Stalking
Any other offense involving family violence
Any defendant who, after the date of discharge and dismissal, has been convicted or
placed on deferred adjudication for any offense other than a traffic offense punishable by
fine only is disqualified and cannot seek nondisclosure. See Section 411.081(e),
Government Code.
CONTACT US if you have any questions or would like us to assist you in obtaining an order
of nondisclosure
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